(1.) Plaintiffs in O.S. No.89/2003 are before this Court in this appeal, being aggrieved by the judgement and decree dtd. 1/7/2006 passed in R.A. No.146/2005 on the file of Principal Civil Judge (Sr. Dn.), Jamakhandi (for short "the First Appellate Court"), by which the First Appellate Court while allowing the appeal filed by the defendants, set aside the judgement and decree dtd. 21/9/2005 passed in O.S. No.89/2003 on the file of Principal Civil Judge (Jr.Dn.) Jamakhandi (for short "the Trial Court") and consequently dismissed the suit.
(2.) Case of the plaintiffs is;
(3.) Defendant Nos.1 and 2 in their written statement denying the plaint averments with regard to the existence of a cart way on the line "ABC" mentioned in the plaint hand sketch, contended;